By Siraje Lubwama
Shortly after the International Crimes Division (ICD) of the High court cleared the Director of the Director of Public Prosecutions (DPP) to carry on with prosecution of former Allied Democratic Forces (ADF) leader Jamil Mukulu and 37 others who are facing terrorism charges, he announced that he was going to appeal to contest charges he was not indicted for.
According to the pre-trial Judge Eva Luswata, Mukulu and his co-accused are to be charged with terrorism, murder, aggravated robber, attempted murder and belonging to ADF, a terrorist group.
Mukulu now 56, who was arrested in April 2005 by Tanzania’s police with the assistance of Interpol, was only handed over to Uganda government on condition that he is tried with murder charges only and nothing else.
“We have documentary evidence to this effect and the emphasis that our client should not be charged with other counts especially political like ones that are not extraditable,” said Luyimbaazi Nalukoola, one of the defence lawyers recently.
Tanzania court documents seen indicate that Mukulu’s extradition came after an application by the then deputy Attorney General (AG) Fred Ruhindi, who applied to have Mukulu extracted to Uganda. But Mukulu’s lawyers in Tanzania objected, arguing that the extradition treaty between Uganda and Tanzania doesn’t allow people accused of charges of a political nature to be deported.
Indeed a trial conducted before the magistrate of Kisitu in Dar es Salaam in June 2006 to decide whether to hand over Mukulu or not.
The application on behalf of Uganda government was represented by Tanzania’s Principal State Attorney Mwangamila assisted by Senior State Attorney H. Nwanga and Mukulu was represented by Counsel Rwehumbiza.
Producing a sworn affidavit by a Kenyan attorney, Uganda presented in court a warrant of arrest issued by Jinja magistrates court seeking to be charged as accused before Uganda on charges of murder.
It is stated that between May 2005 and February 2014, in the districts of Mayuge, Namayingo and Bugiri several prominent Ugandans namely Sheikh Ductoor Abdul-Kadir Muwaya, Tito Okware, Steven Macho, John Stephen Owor and three soldiers Muzamiru Babalem Julius Owor and Stephen Macho were murdered by shooting.
It is contended that soon after the incident, police arrested five suspects who are: SalimAli Yahaya Sharif Abdullah, Musa Muku Doncho Nabangi, and Adam Amisi. Abdul Malik Kabaale and A, Lusambwe, and when they were interrogated, they confessed to having participated in the said murders and revealed that they did the criminal acts on orders from their ADF boss Mukulu. (https://midwaymoving.com)
Kakorako insisted that, if the Tanzania court granted the application, Mukulu would be extradited to Uganda for extraditable offences of murder and nothing more.
In reply, Twehumbiza told court that the charge sheet he had seen from Jinja Magistrate court had more charges like terrorism, attempted murder and others.
When the magistrate adjourned the case to get more facts about the allegation, it is alleged that Ruhindi made arrangements for other charges to be quickly dropped and when court re-convened, Mukulu was only facing murder charges and basing on that, Mukulu was handed over to Uganda government.
“There may be force in the Respondent’s (Mukulu’s) argument that admitting being a member of ADF may attract his prosecution for other offences. However, the Attorney General of Uganda will be stopped by his authentication to the authorities in Tanzania and if extracted, the Republic of Uganda is not expected to charge the Respondent with any off offence apart from the one for which surrender is thought,” the magistrate ruled on June 25, 2015.
When Mukulu who is still on remand, was charged with various other counts which were dropped while still in Tanzania together with his other co-accused persons.
